WSR 03-24-048

PROPOSED RULES

GAMBLING COMMISSION


[ Filed November 26, 2003, 2:18 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-15-086 [03-15-086].

Title of Rule: Relief from adjusted cash flow requirements for bingo operators: WAC 230-20-059 Minimum cash flow requirements for bingo games -- Contributions to stated purpose -- Sanctions.

Purpose: To provide relief for bingo operators that fail to meet adjusted cash flow requirements.

Statutory Authority for Adoption: RCW 9.46.070.

Summary: The relief would be provided by changing the adjusted cash flow measurement period from once a quarter, to once a year and provide a 25% reduction to the required adjusted cash flow once every four years. The licensee would be required to be in compliance for four years, prior to qualifying for relief again.

Reasons Supporting Proposal: See Purpose above.

Name of Agency Personnel Responsible for Drafting: Susan Arland, Lacey, (360) 486-3466; Implementation: Rick Day, Lacey, (360) 486-3446; and Enforcement: Bob Berg, Lacey, (360) 486-3452.

Name of Proponent: Staff, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Also see Purpose and Summary above.

Proposal Changes the Following Existing Rules: See Purpose and Summary above.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Proposal is exempt under RCW 19.85.025(2); therefore, a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. This agency does not choose to make section 201, chapter 403, Laws of 1995, apply to this rule adoption.

Hearing Location: Red Lion Hotel - SeaTac, 1228 International Boulevard, Seattle, WA 98188, (206) 246-5535, on January 9, 2004, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Shirley Corbett by January 1, 2004, TDD (360) 486-3637 or (360) 486-3447.

Submit Written Comments to: Susan Arland, Rules Coordinator, P.O. Box 42400, Olympia, WA 98504-2400, (360) 486-3466, fax (360) 486-3625, by January 1, 2004.

Date of Intended Adoption: January 9, 2004.

November 24, 2003

Susan Arland

Rules Coordinator

OTS-6745.2


AMENDATORY SECTION(Amending Order 419, filed 5/15/03, effective 6/30/03)

WAC 230-20-059   Minimum cash flow requirements for bingo games--Contributions to stated purpose -- Sanctions.   Bingo shall be conducted only as a social pastime or for fund-raising to support the stated purpose(s) of a charitable or nonprofit organization. Organizations licensed to conduct bingo games shall comply with the following procedures and limitations:


Contributions.


(1) To ensure that organizations licensed to conduct bingo games meet the intent of RCW 9.46.010 and provide funds adequate to promote charitable and nonprofit programs, such organizations shall not allow their bingo operation to award prizes or pay expenses to conduct bingo games that are excessive and all capital expenditures for the bingo operation that exceed six thousand dollars shall be specifically approved by the governing board.

An organization licensed to conduct bingo games shall ensure that the adjusted cash flow from the bingo operation available for its charitable and nonprofit programs is at least the following amount during each calendar ((quarter)) year:

(a) For gross receipts above (($375,000)) $1,500,000 up to (($625,000)) $2,500,000 - 3% of gross receipts over (($375,000)) $1,500,000;

(b) For gross receipts above (($625,000)) $2,500,000 up to (($875,000)) $3,500,000 - (($7,500)) $30,000 plus 4% of gross receipts over (($625,000)) $2,500,000;

(c) For gross receipts above (($875,000)) $3,500,000 up to (($1,125,000)) $4,500,000 - (($17,500)) $70,000 plus 5% of gross receipts over (($875,000)) $3,500,000; and

(d) For gross receipts above (($1,125,000 - $30,000)) $4,500,000 - $120,000 plus 6% of gross receipts over (($1,125,000)) $4,500,000.

((Failure to meet the requirements of this subsection for any single calendar quarter shall not result in sanctions against the licensee.)) (e) If the licensee does not operate for a full year, the requirements shall be prorated based on full quarters operated.


Definitions.


(2) The following definitions shall apply to this section:

(a) "Gross receipts" shall mean the combined gross gambling receipts from bingo, pull-tab and punch board activities.

(b) "Adjusted cash flow from the bingo operation" shall mean the combined gross income of the bingo operation less all prizes and expenses, whether paid or accrued. For the purposes of computing expenses, depreciation or amortization, shall not be considered an expense of the bingo operation.

(c) "Bingo operation" shall mean bingo games and all associated activities conducted in conjunction with bingo games at the same location including punch boards, pull-tabs, snack bar, retail sales activities, rental of the bingo premises and drawings authorized under WAC 230-20-242.


Sanctions for failing to maintain a positive adjusted cash flow.


(3) ((If a bingo licensee does not maintain a positive adjusted cash flow from the bingo operation during any two consecutive calendar quarters measured independently, it shall be deemed to be operating primarily for gambling purposes. In this event, the director shall summarily suspend the organization's bingo license.)) To ensure a licensee maintains a positive cash flow and is not operating primarily for gambling purposes, adjusted cash flow shall be measured quarterly. If a licensee does not maintain a positive cash flow from the bingo operation during any two consecutive calendar quarters, measured independently, the director shall summarily suspend the organization's bingo license.


Sanctions for failing to meet adjusted cash flow requirements - relief.


(4)(a) ((If a bingo licensee fails to meet the adjusted cash flow requirements of subsection (1) of this section when averaged over a period of any two consecutive calendar quarters, the licensee shall:

(i) Develop a plan to gain compliance;

(ii) Take immediate steps to reduce expenses and prizes paid and to increase income from all activities conducted in conjunction with the bingo game; and

(iii) Report the plan and action taken to commission staff no later than sixty days after the end of the period. Such report shall be in writing and signed by the president or chief operating officer.

(b) If a bingo licensee fails to meet the adjusted cash flow requirements of subsection (1) of this section when averaged over a period of any four consecutive calendar quarters, administrative action shall be taken to revoke the organization's bingo license.)) If a bingo licensee fails to meet the adjusted cash flow requirements of subsection (1) of this section for any calendar year, administrative action shall be taken to revoke the organization's bingo license: Provided, That if a licensee fails to meet the minimum adjusted cash flow requirements for any calendar year and has maintained a positive cash flow as required by subsection (3) of this section. The director shall automatically grant relief allowing a twenty-five percent reduction to the annual dollar amount of required adjusted cash flow in subsection (1) of this section, for the year in which the licensee is out of compliance;

(b) No organization granted relief under (a) of this subsection, shall be eligible to receive relief for any of the four calendar years following the calendar year for which the relief was granted; and

(c) Relief may be granted under (a) of this subsection for the calendar year beginning January 1, 2003.

[Statutory Authority: RCW 9.46.070. 03-11-040 (Order 419), 230-20-059, filed 5/15/03, effective 6/30/03; 01-05-020 (Order 397), 230-20-059, filed 2/9/01, effective 4/1/01. Statutory Authority: RCW 9.46.070, 9.46.0209, 9.46.0237, 9.46.0205 and 9.46.075. 96-24-008 (Order 303), 230-20-059, filed 11/21/96, effective 12/22/96.]

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